• Mental harassment by father and violation of fundamental rights

Dear Sir/Madam,
I am a 22 year old male. From my childhood my father has completely denied me any freedom and liberty.  I have lost my sense of psychological autonomy because of his intimidation and  violence and now encounter frequent obsessive compulsive thoughts, insecurity and frustration. I have no control on my own thoughts. Often i think of committing suicide. I was a good student since childhood but by emotionally pressurising me using violence he forced me to take subjects of his own choice against my will.  He uses uncontrolled violence, endless waves of threats and intimidation whenever I state my own opinion  my studies have been destroyed and I am getting frustrated . I cannot study at all as there is always a strong deep rooted subconscious fear regarding my father as he becomes very violent  so i cannot control my own thoughts as i cannot remove the fear how much i try to do so. I am actually  afraid to think about anything which may make him angry. He always tries to force his own political beliefs (radical communism) on me and wants me to ideologically same with him and becomes very much aggressive if I slightly disagree with him.  No one in house (my mother and sister) dares to say him a single word. My mental condition improves gradully when I am not in touch with him but again return i.e obsessive thoughts when i have some negative interaction with him.  The constitution has granted me liberty of thought as a basic fundamental right. I cannot take it any more. Please let me know is there any legal method to get relief from this. Thank you.
Asked 2 months ago in Constitutional Law

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9 Answers

You can leave your father residence and start staying separately 

 

since you are an adult you are at liberty to stay separate 

 

if your father assaults you file police complaint against your father 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

Hello, 

  1. You certainly have the liberty of expression and independence guaranteed by the Constitution of India. The next time that violence is used against you, you can file police complaint. 
  2. As you are an adult, you have the choice to leave the house and stay alone on your own. However, you need to think of your economic independence, if you take that route. You must still be a student. You cannot legally compel your farther to maintain you as you are an adult. Therefore, you need to arrange for an independent source of income to live your life on your own terms. Law does not permit your father to force his decisions on you when you are on your own. 
  3. Leave aside the compulsive obsessive thoughts by focussing on things you can do to strengthen your resolution to be independent. You don't need to revolt against your father, however you can firmly inform him of your decision once you ready yourself. It could be his nature and way of working. The law can protect you once you are ready to take plunge and be independent. 

S J Mathew
Advocate, Mumbai
3293 Answers
147 Consultations

5.0 on 5.0

Dear Sir,

1) As your are legally adult you can leave your fathers house and live separately.

2) You cannot ask father for maintenance, thus you will have to first ensure that you have a source of income so that you can live seperately.

3) You have right to file complaint against our father if he hits you or hurts you.

4) As you are 22 years old, and might still be a student, you should look for paid internships and collect some savings before you move out.

5) If you feel mentally weak you should seek out help from friends, family or mental health support NGOS.

6) Do not loose hope, utilize your time to make yourself self sufficient with the goal to move out as soon as possible.

7) If your father is violent against your mom sister, tell her to file a petition under domestic violence act.

Thank you

 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

- As per Delhi High Court , Children have the liberty to choose not to live with their parents.

- Further, the bench of Justices Vipin Sanghi and Deepa Sharma dictate that even minor children have the liberty to live as per their choice. 

- Hence, legally you can live separate from your father , and this separate living will not extinguish your right of maintenance and claim in the property . 

- Further, if you can disown your relation from him after publishing a notice in the news paper as well , and can also approach the court against his cruelty as well. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

You are a grown up man and you have to take your own decisions if you are facing problem with your father it will be good for you admission somewhere away from your hometown  where every time you will not find your father. This will provide you mental relief and you will be able to think positively for yourself divert your mind from this family to your studies and in case you are working to your professional life.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Your question  is clear indication of your high intelligence you not lost a bit of it. The solution to your problem is not legal. It in your financial independence. Acquire a good job. There are many jobs around. MNCs and IT jobs. You can continue your studies. Don’t allow him to influence your thought process. Once you land a good job, you can live independently and even take care of mother and sis. The best way to deal him is just ignore him don’t allow him to dominate you, indifference is worst punishment.  

Ravi Shinde
Advocate, Hyderabad
1010 Answers
8 Consultations

5.0 on 5.0

If you are economically dependent on your father you may not have any choice other than remain in the same house and continue with the life.

If you feel you can manage outside without the support of your father for all your need,s nothing prevents or restricts you from walking out of your home to look for your destiny of your choice. 

This type of attitude is common among the homes across the country hence it is not an isolated incidence.

You may not be able to take any legal action against your father for the said reasons until and unless he abused you physically or verbally.

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

Hello,

Your issue is quite a complicated one and needs thorough discussion. If your father tortures you physically you could have take help of the police, moreover as you are adult enough the problem has to be handled very carefully. Kindly get in touch with me for consultation if you want to discuss it in detail so that a probable solution can be given.

Regards

Swarupananda Neogi
Advocate, Kolkata
2925 Answers
6 Consultations

4.7 on 5.0

You are adult now and you are free to do things of your choice. If crime is committed to restrain you from doing things of your choice then seek help of local police. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

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